Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Trade Practices Legislation Amendment Bill (No. 1) 2007

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

5344

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

Trade Practices Legislation Amendment Bill (No. 1) 2007

 

(1)     Schedule 1, page 3 (after line 11), after item 3, insert:

3A  After subsection 10(1A)

Insert:

          (1B)  At least one of the Deputy Chairpersons must have a small business background.

[deputy chair - small business background]

(2)     Schedule 2, page 6 (after line 12), after item 3, insert:

3A  After subsection 46(4A)

Insert:

          (4B)  A corporation can have a substantial degree of market power even though there is no proof that the corporation has the ability to, or will have the ability to, recoup losses from pricing below the relevant cost to the corporation supplying the goods or services.

[substantial degree of market power - no proof of recouping losses]

(3)     Schedule 2, page 6 (after line 12), after item 3, insert:

3B  After subsection 46(7)

Add:

             (8)  In determining for the purposes of this section whether a corporation has taken advantage of its market power, the Court shall have regard to whether:

                     (a)  the conduct of the corporation is materially facilitated by its substantial degree of market power;

                     (b)  the corporation engages in the conduct in reliance on its substantial degree of market power;

                     (c)  the corporation would be likely to engage in the conduct if it lacked a substantial degree of market power; and

                     (d)  the conduct of the corporation is otherwise related to its substantial degree of market power.

[determining advantage of market power]

(4)     Schedule 3, item 7, page 11 (line 4), omit “ Omit “$3,000,000”, substitute $10,000,000””, s ubstitute “Repeal the subsection”.

[unconscionable conduct]

(5)     Schedule 3, item 8, page 11 (line 6), omit “Omit “$30,000,000”, substitute “$10,000,000””, substitute “Repeal the subsection”.

[unconscionable conduct]

(6)     Schedule 3, page 11 (after line 6), after item 8, insert:

8A Subsection 51AC (11)

Repeal the subsection.

[unconscionable conduct]

(7)     Page 11 (after line 11), at the end of the bill, add:

Schedule 4—Other matters

1  Subsection 86(1A)

After “any matter arising under”, insert “section 46,”.

2  After subsection 155(1)

Insert:

          (1A)  The power under subsection (1) can be exercised at any time prior to the commencement of substantive proceedings in a matter before the courts.

[prior to obtain information etc.]